Protecting the rights of the accused: use of Spanish-language Miranda warnings in central Florida

Rogers, Richard; Correa, Amor A.; Donnelly, John W.; Drogin, Eric Y.

doi:10.1080/14789949.2020.1833072

Cited by 1 publication

(1 citation statement)

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“…Juvenile-specific Miranda warnings exist in some precincts and jurisdictions, but it appears that modifications to general (i.e., adult) warnings are uncommon in practice (Cleary & Vidal, 2016). Furthermore, although research has yet to examine how racial or cultural inequities may interact with aspects of youths’ developmental immaturity to impact them during Miranda advisement, it does suggest that warnings translated into Spanish do not advise suspects of their rights in “clear and unequivocal terms” (Acosta, 2016; Rogers et al, 2021). This would certainly add an additional burden for Latine or Hispanic youth during interrogation.…”

Section: Youth Comprehension Of Miranda Rightsmentioning

confidence: 99%

A critical discussion of youth Miranda waivers, racial inequity, and proposed policy reforms.

Baker¹,

Tazi²,

Caron³

2023

Psychology, Public Policy, and Law

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Courts often assume that youth and adult suspects are equally capable of making decisions about whether to talk to police officers—decisions that carry serious long-term consequences. In Miranda v. Arizona, the Supreme Court ruled that prior to custodial interrogation, police officers must remind suspects of their rights to silence and legal counsel, and a suspect must waive their rights “voluntarily, knowingly, and intelligently” for police to continue questioning. This legal standard was extended to youth without affording them additional protections, despite decades of research on adolescent cognitive and socioemotional development demonstrating that youth have inherent difficulties understanding and appreciating their Miranda rights. Navigating interrogation situations is likely even more challenging for youth of color, who not only face disadvantages due to their developmental immaturity, but also systemic racism within the legal system. As biased police practices put youth of color at a higher risk of police contact, it is especially important to consider how adolescent development and racial bias interact to impact youths’ ability to make valid Miranda waivers. Researchers and legal advocates have made multiple youth interrogation reform recommendations, but many of these recommendations fall short by failing to take into full account the impact of adolescent development and racial bias on youths’ ability to navigate interrogation. This paper analyzes proposals for reform through a developmental and racial equity lens and makes recommendations about future research needed to determine the most effective way to protect youth during interrogation.

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Section: Youth Comprehension Of Miranda Rightsmentioning

confidence: 99%